West Virginia Record

Tuesday, April 7, 2020

Estate administrator blames nursing facility operators for resident's death

By Philip Gonzales | Dec 15, 2016

Medical malpractice 09

CHARLESTON — An estate administrator is suing a Marmet nursing facility and its operators, alleging the defendant's negligence led to the death of a resident. 

Kathy Elswick, on behalf of the estate of Ada Morris, filed a lawsuit Nov. 28 in Kanawha Circuit Court against Genesis Healthcare LLC, Genesis Eldercare Network Services Inc., 1 Sutphin Drive Operations LLC, John Does 1-10 and unidentified entities 1-10 (as to Marmet Center), alleging failure to properly manage and operate a nursing home they controlled.

According to the complaint, between July 28, 2012 and Feb. 1, 2016, Morris was a resident at the Marmet Center facility. The suit says while at the center, she suffered lethal injuries and health damages, including extreme pain, mental anguish, embarrassment, fright and medical expenses. She died Feb. 3, 2016. 

The plaintiff alleges the defendants failed to properly discharge their obligations of care to their residents, failed to adopt and implement adequate guidelines and procedures and failed to properly allocate funds for the facility.

Elswick seeks trial by jury, compensatory and punitive damages in an amount to be determined at trial, costs of court and all other relief to which she is entitled. She is represented by attorneys James B. McHugh, Michael J. Fuller and D. Bryant Chaffin of McHugh Fuller Law Group PLLC in Hattiesburg, Mississippi.

Kanawha Circuit Court Case number 16-c-1769

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Kanawha Circuit Court